Ordinance 2022-4510 Mobility Fees Appendix A Clarification.
ORDINANCE NO. 2022-4510
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH BY AMENDING CHAPTER 122, ENTITLED "CONCURRENCY
MANAGEMENT AND MOBILITY FEES," ARTICLE III, ENTITLED "MOBILITY
FEES,"AT SECTION 122-24, ENTITLED"CALCULATION OF MOBILITY FEE,"
AND APPENDIX A, ENTITLED "FEE SCHEDULE," TO RELOCATE CERTAIN
MOBILITY FEE PROVISIONS TO APPENDIX "A" TO THE CITY CODE,
CONSISTENT WITH OTHER FEES ASSESSED BY THE CITY; AND
AMENDING APPENDIX "A" TO MODIFY CERTAIN FEES RELATED TO THE
LAND USE BOARD REVIEW PROCESS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the City Code establishes fees for development review, permitting, and other
services to cover the costs of administering and enforcing the City's development regulations;
and
WHEREAS, Section 122-24 of the Land Development Regulations establishes a Mobility
Fee, which is assessed primarily to fund infrastructure improvements and public facilities that
enhance mobility within the City; and
WHEREAS, in an effort to promote transparency and for ease of reference, the City
desires to consolidate fee provisions into a single section of the City Code; and
WHEREAS, the City also desires to amend the Fee Schedule to reflect increased costs
to courier meeting agendas and application packages to land use board members; and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 122 of the City Code, entitled "Concurrency Management and Mobility
Fees,"Article Ill, entitled "Mobility Fees," at Section 122-23, entitled "Imposition and collection of
mobility fees," is hereby amended as follows:
CHAPTER 122
CONCURRENCY MANAGEMENT AND MOBILITY FEES
* * *
ARTICLE III.—MOBILITY FEES
* * *
Page 1 of 8
Sec. 122-24. Calculation of mobility fee.
[(a) Reserved.]
(b) The calculation of the mobility fee requires the adjustment of the person miles of travel(PMT)
for each land use by the origin and destination adjustment factor(ODAF).The ODAF is equal
to 0.5.Trip generation rates represent trip-ends at the site of a land use.Thus, a single-origin
trip from a residence to a workplace counts as one trip-end for the residence and one trip-
end for the workplace,for a total of two trip-ends.To avoid double-counting of trips,the PMT
for each land use shall be multiplied by 0.5. This distributes the impact of travel equally
between the origin and destination of the trip and eliminates double charging for trips. The
PMT for each land use begins with the entering and exiting daily trips for each land use. The
adjusted PMT is then multiplied by the PMT rate of$129.37 to determine the mobility fee
rate per each land use on the mobility fee schedule.
The formulas for each step in the calculation of the mobility fee are as follows:
Person Trips(PT) per Land Use = (TG x%NEW)x PMT Factor
Person Trips(PT)by Mode = PT x MS for each of the five modes of travel
Person Mile of Travel(PMT)per Land Use = SUM of(PT by Mode"TL by MODE)
Person Mile of Travel(PMT).Pate = $129,37 per PMT
Mobility Fee(MF)per Land Use - = (MT*ODAF) PMT RT
Where:
PT = Parse-n Trips
PMTF _ Person Mlles of Travel Factor of 1.33 to account for
multi-modal travel
TG = Daily Trip Generation,during.average weekday
%NEW = Percent of trips that are primary trips,as opposed to
pass-by or diverted-link trips
MS _ Mode Share Goals per Miami Beach Transportation
Plan for each of the five modes of travel
IL = Average length of a trip by Mode and by Trip Purpose
PMT = Person Mites of Travel
PMT RT = Person Mlles of Travel Rate =$129.37
ODAF = Origin and Destination Adjustment Factor of.50 to
avoid doube-cou.ntl.ng,trips for origin and destination
MF = Mobility Fee calculated by(.PMT x.50)x PMT RT
(c) The adopted mobility fee for each land use category are set forth in "Schedule A Appendix
A—Fee Schedule;'_-belew:
SSchedu�lle-A - Mobility Fee
Page 2 of 8
Mobility-Fee-Sonedule-Gategoniihanci-Use-Type Unit-of Mobility-Fee
Measure
Residential
Single-family with a unit size lees.than 3,500 g ft 4 Per unit
4 Per unit $2,464,00
Single-family with a unit size greater than 7,000 se ft 4 Pe $@� 0�7�� nonn
Car rcr�t
g Per unit $379.00
Workforoe-haUsing Per-unit 5758700
Per unit $758.00
Per berth $308.80
Golf course Per hole $�3, 11�.00//��
Movie-theaterP
cr-
Per-semenscen $ 2t�8p .00
2 Per acre $4,62&00
Per sq. ft. $1.86
Per sq. ft. $454
Institatienal
Per bed $740700
na relnnnnregate nare fanility/ae•e•ie•tedlindenendent luting
Private school (Pre K 12) Per sq. ft. $2.09
Per sq. ft. $1.78
Day care „enter Per sq. ft. $3.67
Industrial
Per sq. ft. $1.53
Per sq. ft. $0A6
Per sq.ft. $2.14
Office
•
Per sq. ft. $33
fAedisalidentailoliniolveterinaryinospitai Per sq. ft. $7.69
SepiiseiRetailiNenresidential
Retail tales personal and business neryines4 Per sq. ft. $10.1-1-
Per sq. ft. $15.40
Supermarket Per sq.ft. $46.37
Per sq. ft. $41.07
5 Per seat $877430
Restaurant drive thrt t5 Per drive thrt t $9140700
4 Per sq.ft. $26.3
Per sq. ft. $6.26
l=letellisdging5 Per-FeeITI $1,721.00
Conveniense-FetaiV Per sq. ft. $49746
Per fuel $6,41300
position
Per drive thru $ 70.00
lane' lane-and/or
per ATM
Notes:
Page 3 of 8
en the dividual fee-rate fer the land-use,not-th, ,venie; tie;
uses in the city's land development regulations
u n
u '
n
,
and shall-take--effect-on Ostobe 4 of h y h„eginni g-in T-he ad ustment
("Annual CPI"for Prior Calendar Year min„s"Ann,,al CPI"for Calendar Year T o Year
then
("Change in CPI" + 1) *(Fec Currently in Force) - (New Fee for Next Year).
If the"Change in CPI"is less than A A then A 0 shell replace the ast„al"Change in CPI"
in the calculation for that 4 7_month period!
(d) Incentive areas. In order to incentivize the revitalization of targeted areas, the city
commission hereby designates the area of the city north of 63rd Street, as a mobility fee
incentive area. Within the incentive area, a mobility fee reduction of 62.5 percent shall be
provided until August 31,2022; between September 1,2022, and August 31,2023, a mobility
fee reduction of 50 percent shall be provided; between September 1, 2023, and August 31,
2024, a mobility fee reduction of 38 percent shall be provided; and between September 1,
2024, and August 31, 2025, a mobility fee reduction of 26 percent shall be provided.
Page 4 of 8
(e) A mobility fee administration fee, in the amount identified in Appendix A, shall be assessed,
for the purposes of calculating and processing payment of the mobility fee, as well as to fund
future mobility fee and concurrency studies.
la The mobility fee and mobility fee administration fee shall be subject to annual adjustment by
the city manager,effective October 1 of each year,to reflect increases in the Consumer Price
Index, pursuant to section 1-15 and Appendix"A"to this Code.
SECTION 2.Appendix A, entitled "Fee Schedule," is hereby amended as follows:
APPENDIX A
FEE SCHEDULE
Pursuant to section 1-15 of this Code, this appendix includes all fees and charges
established by the city commission that are referred to in the indicated sections of the Code of
Ordinances. Certain specified fees and charges, as identified herein, shall be subject to annual
adjustment by the city manager, pursuant to the provisions of section 1-15 and this Appendix
"A". A schedule of all current city fees and charges as set forth in Appendix "A" shall be
maintained on the city's website.
Section Description Amount Annual
of this (Sales tax Adjustment
Code or other (References
taxes may shown are
apply) defined at
the end of
this
Appendix A)
Subpart B. Land Development Regulations
Chapter 118.Administration and Review Procedures.
* * *
118-7 Resubmittal Fee (after 2nd submittal) 1,328.00 jAl
Courier(per package) 0.00 NIA IN
15.00
* * *
Chapter 122. Concurrency and Mobility Fees
122-24 Mobility Fee Administration Fee 400.00 413.00 [A]
122-24 Review of Estimate of Concurrency Mitigation 200.00 207.00 [A]
and Mobility Fee
Page 5 of 8
122-24 MOBILITY FEE
Residential
Single-family with a unit size less than 3,500 sa. Per unit 1,903.67 ji
ft.'
Single-family with a unit size between 3,500 and Per unit 2,536.50 ji
7,000 sq. ft.1
Single-family with a unit size greater than 7,000 Per unit 3,170.37 al
Sq. ft.1
Multifamily a•artments Per unit 1 561.48 B
Non-elderly and elderly low and moderate Per unit 0.00
income housing
Workforce housing Per unit 781.26
Co-living/micro apartments Per_unit 781.26 al
Recreation and Entertainment
Marina (including dry storage) Per 317.45 B1
berth
Golf course Per hole 4,000.07 L1
Movie theater Per 23,523.21 u
screen
Outdoor commercial recreation2 Per acre 1,885.11 LBj
Community center/civic/gallery/lodge/museum Per so. 1 92 L61
ft.
Indoor commercial recreation/health club/fitness Per sq. 4:68 al
ft.
Institutional
Continuing care facility/nursing home/memory Per bed 762.70 j 1
care/congregate care
facility/assisted/independent living
Private school (Pre-K-12) Per sa. 2.15 u
ft.
Place of worship, including ancillary and Per sq. 1:83 u
accessory buildings ft.
Day care center Per s . 3.99 al
ft.
Industrial
Warehousing/manufacturing/industrial/production Per sq. 1.58
(under roof) ft.
Mini-warehousing/boat/RVs and other outdoor Per sq. 0.47
storage3 ft.
Distribution/fulfillment center/package delivery Per sq. 2.21 161
hub ft.
Office
General office/research/higher Per sa. 3.43 al
education/financial/bank ft.
Medical/dental/clinic/veterinary/hospital Per s . 7.83 LB1
ft.
Page 6 of 8
Service/Retail/Nonresidential
Retail sales/personal and business services4 Per sg• 10.42 u
ft.
Pharmacy/dispensary/pain management clinic Per sq. 15.87 u
ft.
Supermarket Per sq. 16.87
ft.
Takeout restaurant with no seating5 Per sg• 11.41 u
ft.
Restaurant with seatina5 Per seat 903.91 al
Restaurant drive-thru5 Per
drive- 9,389.50
thru
Bar/night club/pub without food service Per sg• 26.92
ft.
Motor vehicle and boat Per sg• 6.45
sales/service/repair/cleaning/parts ft.
Hotel/lodging6 Per 1.773.80 L61
room
Convenience retail' Per sg• 20.08 L61
ft.
Motor vehicle fueling Per fuel 6,609.75 L61
position
Bank drive-thru lane, stand-alone ATM or ATM Per f B�
drive-thru lanes drive
thru lane 12.543.38
and/or
per ATM
Footnotes for mobility fees imposed pursuant to Section 122-24:
Floor area is based on areas that count towards the maximum unit size pursuant to the
single-family district regulations.
2 The sq. ft. for any buildings or structure shall not be excluded from the acreage.
3Acreage for any unenclosed material and vehicle storage shall be converted to sq. ft.
4 Areas under a canopy for seating, display, storage and sales shall be converted to sq.
ft.
5 Separate fees are associated with any drive-thru lane(s) associated with a restaurant.
6 Restaurant/bar/night club and/or retail sales,that are not exclusive to hotel quests only,
shall be calculated based on the separate applicable land use classification.
'Convenience retail rates are separate from the fee due for vehicle fueling positions.
Rates per vehicle fueling position also apply to gas stations and service stations with fuel
pumps. The fee for any restaurant square footage, seating or drive-thru in a convenience
store will be based on the individual fee rate for the land use, not the convenience store
rate.
Page 7 of 8
8 Bank building square footage falls under office and is an additive fee beyond the fee due
for bank/ATM drive-thru lanes or free-standing ATM's. These rates are per drive-thru lane
for the bank and per drive-thru lane with an ATM. The freestanding ATM is for an ATM
only and not an ATM within or part of another non-financial building, such as an ATM
within a grocery store.
*
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended;that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" maybe changed to"section" or other appropriate
word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 19 day of S4,071e der, 2022.
ATTEST:
SEP 2 1 2022
Dan Gelber, Mayor
Raf el E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading:• July 20, 2022
Second Reading: ptemb 14 2 22 r\ ? 1— c — Z
City Attorney QV_ Date
Verified By: {
T mas R. Mooney, AICP
Planning Director
T:Agenda1202218_September 20221PIanning19-22 Ordinances final vesion -Word document\Mobility Fee Appendix A- Second
Reading ORD ADOPTED FINAL.docx
Page 8 of 8
% ':IIlCORI ORATED'
1<°
yr, ^^
Ordinances-R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alin T. Hudak, City Manager
DATE: September 14, 2022
10:30 a.m. Second Reading Public Hearing
SUBJECT: MOBILITY FEES APPENDIX A CLARIFICATION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH BY AMENDING CHAPTER 122, ENTITLED
"CONCURRENCY MANAGEMENT AND MOBILITY FEES," ARTICLE III,
ENTITLED "MOBILITY FEES," AT SECTION 122-24, ENTITLED
"CALCULATION OF MOBILITY FEE," AND APPENDIX A, ENTITLED "FEE
SCHEDULE," TO RELOCATE CERTAIN MOBILITY FEE PROVISIONS TO
APPENDIX "A" TO THE CITY CODE, CONSISTENT WITH OTHER FEES
ASSESSED BY THE CITY; AND AMENDING APPENDIX "A" TO MODIFY
CERTAIN FEES RELATED TO THE LAND USE BOARD REVIEW
PROCESS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On October 16, 2019, the City Commission adopted Ordinance No. 2019-4306, which
replaced the previous transportation concurrency fee with a city-wide mobility fee. On May 4,
2022, at the request of the City Manager, the City Commission referred the attached Ordinance
amendment to the Planning Board for review and recommendation(Item C4 U).
ANALYSIS
PLANNING ANALYSIS
Chapter 122 of the Land Development Regulations (LDR's) sets forth mobility fees, which are
assessed on new development or changes of use that increase the transportation impact of
development. Section 122-24 establishes the mobility fee rates and the proposed Ordinance
would move the fees from this section of the LDR's to the fee schedule in Appendix A. This will
improve fee transparency as the mobility fees would all be located within the same Code
section. Additionally, the annual process of updating the fees pursuant to the Consumer Price
Index (CPI) would be standardized in Appendix A. The mobility fees are currently subject to
annual updates pursuant to the CPI and under the existing regulations this update is set on a
different schedule from the remainder of fees.
Page 681 of 1700
While the proposed Ordinance may give the appearance of a fee increase, it does not modify
the current mobility fees. The fees currently codified are those that were originally adopted in
2019, and they have only changed on an annual basis pursuant to the CPI, as required by
section 122-24. However, these increases pursuant to the CPI have not been reflected in
section 122-24, and the proposed Ordinance will update the codified fees to those currently in
effect. Moving forward the codified fees will remain up to date when Appendix A undergoes an
annual CPI updating process.
The Ordinance also proposes an update to the courier fee that is assessed on land use board
applications; this fee covers the cost of delivering packages to land use board members. The
proposal increases the courier fee from $10.00 per package to $15.00 per package. Over the
last year, the average cost of couriering each package, which contains multiple applications and
exhibits, to land use board members has increased from approximately$28.00 per package to
$36.00 per package. As a result, the costs to the Planning Department have increased
significantly. This fee modification is intended to cover these costs, as well as provide a
framework, moving forward,that will better reflect CPI updates.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on May 24,2022 and transmitted the Ordinance to the
City Commission with a favorable recommendation(6-0).
UPDATE
The subject Ordinance was scheduled to be considered at First Reading on July 8, 2022, and it.
was deferred to July 20, 2022. On July 20,2022 the Ordinance was approved at First Reading,
with no changes. Additionally, a typographical error, identified at First Reading, has been
corrected and is reflected in the revised Ordinance for Second Reading.
SUPPORTING SURVEY DATA
Improve Development Review Efficiency
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Page 682 of 1700
Sponsor
City Manager and Commissioner Ricky Arriola
ATTACHMENTS:
Description
D Ordinance
Page 683 of 1700